PFII/2007/WS.3/4
Original: English
UNITED NATIONS
NATIONS UNIES
DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS
Division for Social Policy and Development
Co-organizers
Secretariat of the Permanent Forum on Indigenous Issues
Government of Khabarovsk Krai and the Russian Association of Indigenous Peoples of
the North (RAIPON)
INTERNATIONAL EXPERT GROUP MEETING ON INDIGENOUS
PEOPLES
AND PROTECTION OF THE ENVIRONMENT
KHABAROVSK, RUSSIAN FEDERATION
AUGUST 27.-29, 2007
Environment Issues in the Latin American Region
Paper by
ESTEBANCIO CASTRO DIAZ
KUNA YALA, PANAMA
INTERNATIONAL INDIAN TREATY COUNCIL
INTERNATIONAL EXPERT WORKSHOP ON INDIGENOUS PEOPLES
AND PROTECTION OF THE ENVIRONMENT
KHABAROVSK, RUSSIAN FEDERATION
27 – 29 August 2007
Environmental Issues in Latin American Region1
I. Introduction
This document has been prepared for the “United Nations International Expert Group
Meeting on Indigenous Peoples and Protection of the Environment” organized by the United
Nations Permanent Forum on Indigenous Issues, the Association of Indigenous Peoples of the
Russian North, Siberia and the Far East, and the Government of Khabarovsk. The objective
of this paper is to contribute to the discussion on the main theme of the meeting.
This paper highlights the struggles of Indigenous Peoples in the protection of their
environment against pesticides, oil exploitation and logging. It will provide examples of
initiatives of Indigenous Peoples to seek remedies at national, regional and international
levels to stop pollution to in their environment, their land and resources. It will also provide
examples of the Yaqui people and the International Indian Treaty Council (IITC) initiatives to
inform their communities about the negative impact of pesticides to their people and their
environment.
It is impossible to cover in this paper the entire Latin-American region further. Given the
word limit this paper will focus on the experiences of the Yaqui people and the IITC. The
purpose of this paper is also to show the importance for indigenous peoples to have full and
effective participation in all processes and levels of discussion that relate to indigenous
peoples’ environment.
II. Environmental Pollution in Latin American
Despite the existence of Multilateral Environmental Agreements such as the Convention on
Biological Diversity, Latin American countries continue prioritizing their economic
development in the region instead of implementing their obligations to protect the
environmental for future generations.
Economic market oriented development has
1
Prepared by Estebancio Castro Diaz, Kuna from Kuna Yala, Panamá. Consultant to Internacional Indian Treaty
Council.
1
contributed greatly to the degradation of Indigenous Peoples lands, territories and biological
and genetic resources. The seven Millennium Development Goals state in its explanation that
although many countries have adopted principles of sustainable development and agreed to
international accords to protecting the environment, land is still being degraded, forests are
being lost and fisheries over used, plant and animal species are becoming extinct, and carbon
emission is leading to climate change.2
Some Indigenous Peoples continue living in their traditional lands and territories in Latin
America. It is still possible for Indigenous Peoples to practice their cultural beliefs and
environmental customs when you look at a map and see where the biodiversity exists and
Indigenous Peoples’ live.
This makes Indigenous Peoples target of transnationals,
governments and other non-indigenous organisations who seek the commercial exploitation
through oil exploration, mining, dams, and use of land for agricultural non sustainable use,
logging, tourism and other development projects. These development projects result in the
loss of biodiversity, land degradation, air pollution, water scarcity, the deterioration of the
environmental ecosystems and the loss of traditional indigenous knowledge.
Environmental pollution comes from different sources but it is agreed internationally that
environmental degradation is mostly originated from human activity. The USAID in its
environmental analysis on Brazil found that “the four principle threats to the biodiversity and
tropical forest resources of Brazil include unsustainable logging practices, habitat conversion
driven by agricultural expansion, urban and industrial development, and poaching and animal
trading. Other threats include increased flammability of forests, domestic and industrial
energy demands and the introduction of exotic species”.3 These threats without doubt apply
to most Latin American countries.
III. The Yaqui People and pesticide
The Yaqui People have been exposed to industrial agriculture pesticides for many years.
Yaqui people who work or live near agriculture fields are heavily exposed to frequent aerial
pesticides, irrigation canals, and through lack of proper protection in dealing with pesticides
and from carrying pesticide-soaked clothing without knowing that they are spreading the
contamination to the their families including their children.
2
Online Atlas of the Millennium Goals. World Bank website. Available on www.devdata.worldbank.org/atlas
3
USAID/Brazil Country Strategic Plan (FY 2003-2008) Environmental Analysis. USAID website. Available on
http://www.usaid.gov/locations/latin_america_caribbean/environment/docs/br2002.pdf
2
The IITC has alerted the United Nations to this problem which affects Yaqui’s human rights
in Mexico. Testimonies from impacted community members have been submitted to UN
human rights bodies by the IITC. The UN has questioned Mexico about its policies and
practices in allowing dangerous and banned substances to be imported and used, affecting
communities and families, and especially children, babies and unborn children4.
Testimonies from people like Mrs. Sandoval show us how dangerous are the effects of
fertilizers. She gave her testimony to IITC in 2005 “When the woman was one month
pregnant, her husband was working in the fields, and one day his job was to spray fertilizer
with a manual pump that you carry on your back. All she did was wash the clothing, but with
that, she absorbed the poison and harmed the baby. In fact, when the baby was born, he was
affected. He was born with a harelip and a cleft palate. The pediatrician interviewed the
mother and the father separately and asked them whether they had other such cases in the
family or if they used drugs, and they said no. She also asked whether they worked in an
agricultural field and whether they had applied chemicals to the land and the father said that
yes, he had fumigated when the mother was one month pregnant. The doctor told them that
was the cause”5.
The IITC found that Mexican law provides that Mexican citizens have the right to be safe in
relation to pesticides. This is achieved by appropriate labeling, warning and instructions for
use of pesticides which must be observed by large farm and transnationals in the area.
Certainly, a reason for this communication is that no such warnings, labeling, precautions or
training are given Yaqui agricultural workers or the surrounding Yaqui community6.
As IITC noted in its communication to Mr. Ibeanu the use of pesticides in Rio Yaqui, Sonora,
Mexico, continue to pose serious health consequences to the surrounding communities and its
environment that violate their most fundamental human rights to life and health, and as a
Nation, to a safe and healthy environment7.
4
See Pesticides and Our Tribal Health. IITC’s information sheet on pesticides. Available online
www.treatycouncil.org
5
Yaqui Communities Testimonies. Testimonies provided to Mr. Angel Valencia, representative of IITC before
Yaqui communities. This testimony is from Mrs. Andrea Sandoval Barraza
6
IITC general counsel Alberto Saldamando communication with Mr. Okechkwu Ibeanu, Special Rapporteur of the
Commission on Human Rights on Adverse effects of the illicit movement and dumping of toxic and dangerous
products and wastes on the enjoyment of human rights
7
IITC general counsel Alberto Saldamando communication with Mr. Okechkwu Ibeanu, Special Rapporteur of the
Commission on Human Rights on Adverse effects of the illicit movement and dumping of toxic and dangerous
products and wastes on the enjoyment of human rights
3
IV. Analysis of the Impact
The testimonies provide much information about the negative impact on the Yaqui
population. For example, it reverted the high levels of pesticides in the cord blood of
newborns and in mother’s milk, and found birth defects, learning and development
disabilities, leukemia and other severe health problems in Yaqui children. Cancer and other
serious illnesses are very high among family members of all ages.
Deaths from acute
pesticide poisoning are increasing. Research also carried out by Guillette about the onset of
breast development in a group of peripubertal girls from the Yaqui Valley of Sonora, Mexico.
They observed that girls from valley towns, areas using modern agricultural practices,
exhibited larger breast fields than those of girls living in the foothills who exhibited similar
stature, and genetic background. Further, girls from valley towns displayed a poorly defined
relationship between breast size and mammary gland development, whereas girls from the
Yaqui foothills, where traditional ranching occurs, show a robust positive relationship
between breast size and mammary size8.
Indigenous communities in Colombia and Ecuador are also affected through similar
contamination passed on through the food chain and the natural environment because these
toxics bio-accumulate, persist and travel in the environment. The Special Rapporteur
Stavenhagen highlighted his concerns of the gradual deterioration of the indigenous habitat
and the impact of extractive activities on the environment in indigenous communities in
Ecuador. All these activities have put them in serious danger of extinction. He also pointed
out the effects of aerial fumigation of illicit crops on indigenous peoples in the border with
Colombia9.
The UNEP 2006 Annual report confirms that the negative effects of pesticides do not
exclusively affect human beings. They stated that Persistent Organic Pollutants are a group of
chemicals which share four main properties. They are stable and persistent, last for years or
decades before degrading into less dangerous forms, they are toxic and accumulate in the fatty
tissue of human and wildlife, causing adverse effects on human health and the environment
8
See Guillette et al, Altered Breast Development in Young Girls from an Agricultural Environment. •
Environmental Health Perspectives, VOLUME 114 | NUMBER 3 | March 2006
9
See Mr. Rodolfo Stavenhagen Report of the UN Special Rapporteur on the Situation of Human Rights and the
Fundamental Freedom of Indigenous People. March 2007. Available online www.un.org
4
and they biomagnify through the food chain, and can evaporate and travel long distance via
air and water10.
V. International Instruments
International instruments which include the right to adequate health and environment and the
fundamentals rights of Indigenous Peoples to Self determination, rights to lands, territories
and resources must apply to Indigenous Peoples without discrimination. Yet the right to
health and environment is often denied as a result of commercial exploitation in Indigenous
Peoples’ land and territories and the lack of legal recognition of Indigenous Peoples rights.
Human rights international instruments may not explicitly recognize the environmental rights
of Indigenous Peoples. However, environmental rights are reflected in two UN international
Covenants, the International Covenant on Economic, Social and Cultural Rights (ICESCR)
and the International Covenant on Political and Civil Rights (ICPCR). For example, ICESCR
in its article 12 (1) states that the States Parties recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health11. Furthermore,
article 12 (2) states that full realization of this right shall include “the improvement of all
aspects of environmental and industrial hygiene”.
At the regional level, the Organization of American States in its article 36 of its Charter
affirms “Transnational enterprises and foreign private investment shall be subject to the
legislation of the host countries and to the jurisdiction of their competent courts and to the
international treaties and agreements to which said countries are parties, and should conform
to the development policies of the recipient countries”12. In June 21 2007, the Federal Court
of New York denied the demand presented by Chevron in order to avoid the jurisdiction of
Ecuadorians Courts of Justice for environmental and social degradation13.
Many
transnational and foreign investors after exploiting the resources do not want to take
10
See UNEP 2006 Annual Report. Available online www.unpe.org/publication
11
See the International Covenant on Economic, Social and Cultural Rights. Adopted and opened for
signature, ratification and accession by General Assembly resolution 2200 A (XXI) of 16 December 1966. Entry
into force: 3 January 1976, in accordance with article 27. Human Rights: A Compilation of International
Instruments. Volume I. United Nations
12
See Charter of the Organization of American States. Available online
http://www.oas.org/juridico/english/charter.html
13
See for more information: Amazon Defence Coalition, Texaco lost its demand against Ecuador in New York.
Available online http://www.texacotoxico.org/
5
responsibility of cleaning the environment or providing compensation for environmental,
cultural and social reparation.
The enjoyment of human rights for Indigenous Peoples are closely related to their right to
land, territories, clean environment and the sustainable use of their natural resources. Their
cultural, social and economic development is interdependent and indivisible. Indigenous
Peoples frequently state the importance of the protection and the maintenance of the
environment is for future generations. The Inter-American Court in the case of Awas Tingni
found that “by virtue of the fact of their very existence, indigenous communities have the
right to live freely on their own territories; the close relationship that the communities have
with the land must be recognized and understood as a foundation for their cultures, spiritual
life, cultural integrity and economic survival”14.
VI. National Remedies
Indigenous communities and organizations often use the UN existing mechanisms such as the
Special Rapporteur on the Situation of Human Rights and Fundamental Freedom of
Indigenous Peoples, UN Permanent Forum on Indigenous Issues, UN Commission on
Sustainable Development, Human Rights Council and other foras related to Indigenous issues
in order to inform the international community about their struggles and concerns.
Frequently, Indigenous communities are not heard in their own countries.
In its
communication with Special Rapporteur Ibeanu IITC included an example of the Mexican
government’s growing recognition of the seriousness of the problem being, a letter from the
Mexican (governmental) National Commission for the Development of Indigenous Peoples
(CDI) to the Yaqui Traditional Authorities. In this letter the important work of the Special
Rapporteur is cited in reference to the serious health effects of the use of pesticides
particularly children and the unborn. Although this letter also cites some applicable human
rights standards it does not promise any appropriate action or redress from the Mexican
government15.
Francisco López Bárcenas, a Mexican constitutional lawyer, assisting IITC in its work in
regard to local remedies informed that there were no local remedies available to the Yaqui
14
I/A Court H.R., Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgement of August 31, 2001, Ser. C
No 79 (2001), at para. 149.
15
IITC General Counsel Alberto Saldamando communication with Mr. Okechkwu Ibeanu, Special Rapporteur of
the Human Rights Council on Adverse effects of the illicit movement and dumping of toxic and dangerous
products and wastes on the enjoyment of human rights. January 11, 2007.
6
Tribe. IITC filed the case in January of 2006 on behalf of the Traditional Authorities of the
Yaqui Pueblos of Potam, Torim, Vicam, Rahum, and Huirivis. The case is before the Inter
American Commission on Human Rights (IACHR) and seeks remedies for the violations of
the human rights of the Yaqui Tribe as described by the American Convention on Human
Rights, regarding their ancestral lands, water, and right of self determination by the
Government of Mexico16.
VII. Recommendations
The International Indian Treaty Council call upon the United Nations Permanent Forum on
Indigenous Issues to adopt the following recommendations for the benefit of the United
Nations Agencies and States members of the United Nations:
A. Integrating environmental issues into national and local development plans with the full
and effective participation of Indigenous Peoples including in decision-making processes at
all level.
B. Full implementation of Multilateral Environmental Agreements is essential to protect the
environment and to ensure their imperative value for future generations.
C. Legal measures and frameworks recognizing indigenous peoples’ customary law and its
implementation in order to have control over biodiversity, lands, territories, biological and
genetic resources.
D. The principle and the right to Free Prior Informed Consent is imperative to protect
indigenous peoples lands, territories and their resources in order to maintain and protect their
environment for future generations.
E. Under the principle of free, prior and informed consent, all persons who intend to use or
apply pesticides or other chemicals to their crops must submit their plans and the products
they intend to use, including their common and scientific names, their chemical contents, their
known harm, their legal status (prohibited, restricted or allowed in Mexico and/or in other
countries), and the recommended requirements for their use, to the authorities together with
members of the community. After receiving this information and with sufficient time to study
16
Alberto Saldamando, general counsel of IITC. Update on the OAS IACHR Yaqui Case. July 10, 2007.
7
it, the authorities shall grant permission or denial for their use in Yaqui territories, and shall
also specify under what conditions their use would be permitted17.
VIII. Conclusions
Industrial activities, the use of toxic pesticides, dams, and use of the land for agricultural non
sustainable use, logging, tourism and other development activities have produced
environmental pollution in Indigenous Peoples’ lands, territories and their resources. These
severe pollutions directly affect Indigenous communities and their unique spiritual and
material relationship with their lands, territories, environment and biological and genetic
resources. This environmental pollution often displaces indigenous communities to cities or
other areas that they are not related to bringing poverty to indigenous communities, loss of
traditional indigenous knowledge, and extinction of indigenous communities and the
degradation of their land. Therefore, polluting indigenous peoples’ environment violates the
fundamental human right of Indigenous Peoples to live in safe and healthy environment.
Although there are some legal frameworks and multilateral environmental agreements in
Latin America Indigenous Peoples still face lack of implementation of these instruments and a
lack of remedies. Most of the time, Indigenous communities have to mobilize and address the
international community to be heard by their respective countries. Latin American
governments must act to promote the environmental benefit for humanity and to ensure that
Indigenous Peoples enjoy the protection and rights they are entitled to enjoy under
international law.
17
Declaration on the use of pesticides in the Yaqui lands of Sonora, Mexico presented in Vicam Pueblo, Rio
Yaqui, Sonora Mexico December 7, 2006. Available online www.treatycouncil.org
8